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Driving While License Suspended or Revoked (commonly known as DWLS or DWLSR).  Driving While License Suspended or Revoked, ("DWLSR") Fla. Stat. § 322.34 is one of the most common and most complicated of Florida’s Traffic Statutes. In fact, many police officers frequently write tickets using the wrong statute or subsection and in some instances, this can be a defense to the offense. DWLSR’s can be either criminal "with knowledge" or a non-criminal "without knowledge" infraction and in most instances, it is up to the discretion of the police officer on how to charge a person with this offense.  DWLSR can also be a very serious matter and under certain circumstances, it can land you in jail and also be charged as a Felony. Like DUI (Driving Under the Influence), there also can be separate DMV administrative penalties and mandatory driver’s license revocations depending on the number of DWLSR convictions. Further, upon conviction of certain crimes not related to driving, the State can suspend or revoke a driver’s license possession of marijuana - 2 years suspension, petty theft - 6 months suspension and many others.

The Legislature of the State of Florida has chosen to penalize drivers by suspending their licenses even though a vehicle or bad driving may not have been involved.  Law abiding citizens can and are affected by these laws everyday.  The Florida Legislature also intended to use the threat of a mandatory driver’s license suspension as a deterrent to even minor crimes but instead, this poorly understood and confusing DWLSR statute has ended up crowding the courtrooms with Defendants who many times are facing charges and do not even know their license has been suspended.

Florida creates many of its own criminals in a never-ending revolving door criminal justice system fueled by local and statewide law enforcement agencies, the department of probation, corrections departments and the Florida State Prison system.  Many otherwise law-abiding citizens have become convicted felons because of simple non-DUI drivers license issues.  And believe it or not, there are a substantial percentage of inmates serving time in the Florida State Prison system right now for garden variety license suspension cases that involve no real crime or other criminal activity.  Just hard working folks who have to drive to make a living and take care of their families.  And we, the taxpayers have to pay for all of this so the State of Florida can project its 'tough on crime' image.  

Under Florida Law, you can be charged with a Felony if you have three or more convictions for Driving While License Suspended or Revoked (DWLS/R) within a 5 year period.  You may be eligible for a special court proceeding to remove criminal charges against you on a current or prior DWLS offense. A Florida driver's license can be suspended for many reasons including a DWLS, conviction of certain crimes or even failure to pay court ordered child support.  We can help you on driver's license suspensions resulting from a DWLS, DUI, or if the suspension was for other reasons.

We know how important your license is and license suspensions can be fought and won in many instances. Hardship or work licenses are available in certain cases as well.  There are many good judges in this State.  Some recognize the problems with the current licensing system and whether in County Court, Circuit Court, the District Courts of Appeal or Florida's Supreme Court, there are many published opinions in favor of motorists when licensing issues are challenged.  If DMV will not issue you a license and you are entitled by law to a license, there are certain proceedings which can be filed against the State and in some instances, you can recover attorney's fees if DMV acted in an irresponsible manner.  

The seriousness and collateral consequences of a license suspension can not be overstated and this will remain the law until, if and when we elect new state legislators who understand these laws, their destructive consequences for the average law-abiding citizen and when make the commitment to worry less about politics and better represent the people that live in our communities that elect them. 

Many of these laws simply do not make sense.   How is someone supposed to get to work and support his family when the State has suspended the license of a father who is late on paying child support???   For someone who walked out of a store accidentally without paying for something, why should they have their driver's license taken away for six months if they are convicted? The list of inequities are endless. 

But there's more.  Florida recognizes suspensions from other states - so if you moved here from another state or visited other states in the past and had an unpaid ticket, civil or support matter, your Florida license might be suspended without you even knowing about it.  If you think your license might be suspended or any reason, check your license now with this link to the official Department of Highway Safety and Motor Vehicles web site: https://www6.hsmv.state.fl.us/DLCheck/main.jsp

Don't try to take on the system yourself as this is a complicated, ever-evolving area of the law.  As an experienced lawyer who practices in this area and knows these laws, our goal is to preserve your license and aggressively protect your rights once we are retained to be your lawyer. Your driver's license a valuable asset. Let us help you now!

Notes:

The Florida Legislature intended to use the threat of a mandatory driver’s license suspension as a deterrent to even minor crimes but instead, this poorly understood and confusing DWLSR statute has ended up crowding the courtrooms with Defendants who many times are facing charges and do not even know their license has been suspended.   Here are some other key points to be aware of.  After three convictions for DWLSR, you can be charged with a Felony and worse, the Florida Courts have decided that previous "No-Contest" pleas where adjudication was withheld do count towards the three convictions, see Raulerson v. State, 763 So. 2d 285 (Fla. 2000).

However, if the conviction or adjudication and the DWLSR was charged "without knowledge" for example, for failure to pay a ticket, the conviction does not "count" and, if the driver’s license was reinstated in between the first and third conviction, a Defendant can argue these do not count towards a Felony DWLSR because the Statute refers to a single act of "any such suspension".  But note that convictions for DWLSR "with knowledge" will count towards a separate offense – a Habitual Traffic Offender Fla. Stat. § 322.264 – three convictions in any five year period could land you in jail under this these Felony charges.  Driving when a license is permanently revoked is the most serious of the DWLSR charges, charged as an automatic Felony under Fla. Stat. § 322.341.

You should see a lawyer if charged with DWLSR since the Statute is very complicated, these charges can be quite serious and not being able to legally drive in Florida is a loss of a very substantive right.  Negotiations to reduce the DWLS to a lesser charge can in many cases avoid a possible Felony charge or conviction as well as administrative license suspensions.

*The law continues to change in this area, some or all of this may or may not apply to you or your case, this is not intended as legal advice and is provided for informational purposes only.  Every case is different and you should consult a qualified criminal lawyer to determine your rights for your specific case.